Document end-of-life preferences in North Dakota: North Dakota Living Will
What is a North Dakota Living Will?
A North Dakota Living Will is a legal document that outlines your preferences with regard to health care, such as your acceptance or refusal of a medical treatment or procedure, in addition to the (optional) appointment of a chosen agent or decision maker.
The person making a Living Will is known as the "principal," while the individuals or entities obtaining authority to carry out the principal's wishes are called "agents." Designed for residents of North Dakota, this free Living Will can be used in Grand Forks County, Cass County, Burleigh County, and in every other part of the state. Any North Dakota Living Will form from Rocket Lawyer can be fully customized for your unique situation. With this document on hand, your healthcare facilities will have a point of reference for your preferences, and your agent will be able to provide confirmation that they have been authorized to make choices for you when you are not able.
When to use a North Dakota Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
How do I get my North Dakota Living Will reviewed?
If you already have a North Dakota Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample North Dakota Living Will
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These are instructions for my health care when I am unable to make and communicate health care decisions for myself. These instructions must be followed (so long as they address my needs).
______ (Declarant's initials) I direct that life-prolonging treatment be withheld or withdrawn and that I be permitted to die naturally if two physicians certify that:
(a) I am in a terminal condition that is an incurable or irreversible condition which, without the administration of life-prolonging treatment, will result in my imminent death;
(b) The application of life-prolonging treatment would serve only to artificially prolong the process of my dying; and
(c) I am not pregnant
OR
if two physicians certify that I am in a permanently unconscious condition which is reasonably concluded to be irreversible.
It is my intention that this declaration be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and that they accept the consequences of that refusal, which is death.
______ (Declarant's initials) I direct that life-prolonging treatment, which could extend my life, be used if two physicians certify that I am in a terminal condition that is an incurable or irreversible condition which, without the administration of life-prolonging treatment, will result in my imminent death. It is my intention that this declaration be honored by my family and physicians as the final expression of my legal right to direct that medical or surgical treatment be provided.
______ (Declarant's initials) I make no statement concerning life-prolonging treatment.
______ (Declarant's initials) I wish to receive nutrition.
______ (Declarant's initials) I wish to receive nutrition unless I cannot physically assimilate nutrition, nutrition would be physically harmful or would cause unreasonable physical pain, or nutrition would only prolong the process of my dying.
______ (Declarant's initials) I do not wish to receive nutrition.
______ (Declarant's initials) I make no statement concerning the administration of nutrition.
______ (Declarant's initials) I wish to receive hydration.
______ (Declarant's initials) I wish to receive hydration unless I cannot physically assimilate hydration, hydration would be physically harmful or would cause unreasonable physical pain, or hydration would only prolong the process of my dying.
______ (Declarant's initials) I do not wish to receive hydration.
______ (Declarant's initials) I make no statement concerning the administration of hydration.
However, if at any point it is determined that it is not possible that the fetus could develop to the point of live birth with continued application of life-prolonging procedures, it is my preference that this document be given effect at that point. If life-prolonging procedures will be physically harmful or unreasonably painful to me in a manner that cannot be alleviated by medication, I request that my desire for personal physical comfort be given consideration in determining whether this document shall be effective if I am pregnant. I want to receive pain relieving medication or treatment without regard to its affect on my alertness. I want to receive pain relieve medication and be kept comfortable even if it could shorten my life. I DO NOT want to receive pain relieving medication or treatment if it will significantly affect my ability to be alert and communicate in my final days. I DO NOT want to receive pain relieve medication if it could shorten my life. I want my Health Care Agent to make all decisions regarding the donation of my organs and tissue. I wish to donate any needed organs and tissue. only the following organs and tissue: .| Birthdate: |
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
NOTARY PUBLIC
. DURABLE POWER OF ATTORNEY FOR HEALTH CARE
I UNDERSTAND THIS IS WHO I WANT TO MAKE HEALTH CARE DECISIONS FOR ME IF I AM UNABLE TO MAKE AND COMMUNICATE HEALTH CARE DECISIONS FOR MYSELF (I know I can change my agent or alternate agent at any time and I know I do not have to appoint an agent or an alternate agent)
I authorize my Agent to make the final decisions regarding the disposition of my body after death including funeral preparations and decisions regarding burial and cremation. This Durable Power of Attorney for Health Care will exist until it is revoked.Unless you specify a shorter period in the space below, this Durable Power of Attorney for Health Care will exist until it is revoked.
This Durable Power of Attorney for Health Care expires on .
SECOND ALTERNATE AGENT
| Agent Name: |
| Address: |
| , |
| Phone: | Home: Work: |
I sign my name to this on the _____ day of ____________________, _____, at , North Dakota.
I sign my name to this Declaration and Durable Power of Attorney for Health Care on the _____ day of ____________________, _____, at , North Dakota.
| Birthdate: |
STATEMENT OF WITNESSES
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
NOTARY PUBLIC
__________________
Date
________________________________________
PRINCIPAL'S STATEMENT
I have read a written explanation of the nature and effect of an appointment of a health care agent that is attached to my health care directive.
_________________
Date
_____________________________________
| (Signature of Principal) |
| _____ | Your Agent, , must sign this form. |
| _____ | North Dakota requires that special provisions within the document be separately initialed or signed. |
| _____ | (your Agent) |
| * | You should discuss the document and your wishes with any person you want to designate as an Agent before doing so to assure they agree to act on your behalf. |
North Dakota Living Will FAQs
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How do I write a Living Will in North Dakota?
It's fast and simple to outline your medical preferences with a free North Dakota Living Will template from Rocket Lawyer:
- Make the document - Provide a few details, and we will do the rest
- Send or share it - Go over it with your healthcare agent or seek legal advice
- Sign it and make it legal - Required or not, notarization/witnesses are a best practice
This route is often much less expensive than hiring a conventional lawyer. If necessary, you may prepare this Living Will on behalf of a family member, and then have them sign it when ready. Please remember that for a Living Will to be considered legally valid, the principal must be a mentally competent adult when they sign. In the event that the principal is already incapacitated and unable to make their own decisions, a conservatorship might be necessary. In this scenario, it's important to talk to an Legal Pro.
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Do I need to write a Living Will?
Everyone over 18 years old ought to have a Living Will. Although it's difficult to think about, a time may come when you aren't able to make medical decisions on your own. Typical situations where it may be useful to make or update your Living Will include:
- You are preparing to live in a community care facility
- You are managing a terminal illness
- You are aging or have declining health
- You are undergoing a medical procedure that requires anesthesia
Whether your North Dakota Living Will has been generated as part of a long-term plan or made as a result of a change in your health, witnesses and notarization are strongly encouraged as a best practice for protecting this document and your agent if someone disputes their power and authority. In North Dakota, a Living Will is not valid during pregnancy.
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Do I need an attorney to review my Living Will in North Dakota?
It’s a good idea to have important documents like your North Dakota Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your North Dakota Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much would I typically need to pay to make a Living Will in North Dakota?
Attorney fees for drafting or reviewing a North Dakota Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized North Dakota Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in North Dakota?
The specific guidelines and restrictions for Living Wills will vary in each state; however, in North Dakota, your document needs to be signed by a notary public or two witnesses. At least one witness to your Living Will form must not be anyone providing you with direct health care or long-term care, or any employee of such a provider. Family members (including your spouse or adoptees), heirs, and beneficiaries also cannot be witnesses. As a basic rule, witnesses will need to be at least 18 years old, and no witness should simultaneously be your healthcare agent.
